| Re: |
Rule 17g-1 Fidelity Bond Filing for Altaba Inc. (File No. 811-23264)
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| (i) |
A copy of the current fidelity bond (the “Bond”).
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| (ii) |
A copy of the
resolutions approving the Bond, which were adopted by the Board,
including a majority of the members thereof who are not “interested
persons” (as defined by the 1940 Act) of the Fund.
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Very truly yours,
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By:
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/s/ Alexi A. Wellman
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Alexi A. Wellman
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Chief Executive, Financial and Accounting Officer
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| INSURED: |
ALTABA INC
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| PRODUCT: |
DFIBond
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| POLICY NO: |
82472976
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| TRANSACTION: |
RENL_CORR
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Chubb Group of Insurance Companies
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DECLARATIONS
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202B Hall's Mill Road
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FINANCIAL INSTITUTION INVESTMENT
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Whitehouse Station, NJ 08889
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COMPANY ASSET PROTECTION BOND
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NAME OF ASSURED (including its Subsidiaries):
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Bond Number: 82472976
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ALTABA INC
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140 E 45TH ST
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FEDERAL INSURANCE COMPANY
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NEW YORK, NY 10017
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Incorporated under the laws of Indiana
a stock insurance company herein called the COMPANY
Capital Center, 251 North Illinois, Suite 1100
Indianapolis, IN 46204-1927
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| ITEM 1. |
BOND PERIOD: from 12:01 a.m. on December 1, 2022
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| ITEM 2. |
LIMITS OF LIABILITY–DEDUCTIBLE AMOUNTS:
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INSURING CLAUSE
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SINGLE LOSS
LIMIT OF LIABILITY
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DEDUCTIBLE
AMOUNT
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1.
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Employee
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$ 2,500,000
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$ 0
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2.
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On Premises
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$ 2,500,000
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$ 100,000
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3.
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In Transit
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$ 2,500,000
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$ 100,000
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4.
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Forgery or Alteration
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$ 2,500,000
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$ 100,000
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5.
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Extended Forgery
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$ 2,500,000
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$ 100,000
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6.
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Counterfeit Money
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$ 2,500,000
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$ 100,000
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7.
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Threats to Person
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$ Not Covered
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$ N/A
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8.
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Computer System
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$ 2,500,000
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$ 100,000
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9.
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Voice Initiated Funds
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Transfer Instruction
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$ 2,500,000
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$ 100,000
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10.
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Uncollectible Items of Deposit
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$ 100,000
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$ 5,000
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11.
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Audit Expense
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$ 100,000
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$ 5,000
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| ITEM 3. |
THE LIABILITY OF THE COMPANY IS ALSO SUBJECT TO THE TERMS OF THE FOLLOWING ENDORSEMENTS EXECUTED SIMULTANEOUSLY HEREWITH:
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Secretary
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President
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December 12, 2022
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Date
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Authorized Representative
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ICAP Bond (5-98) - Federal
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Form 17-02-1421 (Ed. 5-98)
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Page 1 of 1
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The
COMPANY, in consideration of payment of the required premium, and in
reliance on the APPLICATION and all other statements made and
information furnished to the COMPANY by the ASSURED,
and subject to the DECLARATIONS made a part of this Bond
and to all other terms and conditions of this Bond, agrees to pay the
ASSURED for:
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Insuring Clauses
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Employee
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1.
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Loss resulting directly from Larceny or Embezzlement committed by any Employee,
alone or in collusion with others.
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On Premises
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2.
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Loss of Property
resulting directly from robbery, burglary, false pretenses, common law
or statutory larceny, misplacement, mysterious unexplainable
disappearance, damage, destruction or removal, from the
possession, custody or control of the ASSURED, while such Property is lodged or deposited at premises located anywhere.
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In Transit
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3.
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Loss of Property resulting directly from common law or statutory larceny, misplacement, mysterious unexplainable disappearance, damage or
destruction, while the Property is in transit anywhere:
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a.
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in an armored motor vehicle, including loading and unloading thereof,
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b.
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in the custody of a natural person acting as a messenger of the ASSURED, or
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c.
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in the custody of a Transportation Company and being transported in a conveyance other than an armored motor vehicle provided, however, that covered
Property transported in such manner is limited to the following:
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(1)
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written records,
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(2)
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securities issued in registered form, which are not endorsed or are restrictively endorsed, or
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(3)
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negotiable instruments not payable to bearer, which are not endorsed or are restrictively endorsed.
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Coverage under this INSURING CLAUSE begins immediately on the receipt of such Property by the natural person or Transportation
Company and ends immediately on delivery to the premises of the addressee or to any representative of the addressee located anywhere.
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ICAP Bond (5-98)
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Form 17-02-1421 (Ed. 5-98)
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Page 1 of 19
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Forgery Or Alteration
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4.
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Loss resulting directly from:
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a.
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Forgery
on, or fraudulent material alteration of, any bills of exchange,
checks, drafts, acceptances, certificates of deposits, promissory notes,
due
bills, money orders, orders upon public treasuries,
letters of credit, other written promises, orders or directions to pay
sums certain in money, or receipts for the withdrawal of Property, or
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b.
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transferring, paying or delivering any funds or other Property,
or establishing any credit or giving any value in reliance on any
written
instructions, advices or applications directed to the
ASSURED authorizing or acknowledging the transfer, payment, delivery or
receipt of funds or other Property, which instructions, advices or
applications fraudulently purport to bear the
handwritten signature of any customer of the ASSURED, or
shareholder or subscriber to shares of an Investment Company, or of any financial institution or Employee
but which instructions, advices or applications either bear a Forgery
or have been fraudulently materially altered without the knowledge and
consent of such customer, shareholder, subscriber, financial
institution or Employee;
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excluding,
however, under this INSURING CLAUSE any loss covered under INSURING
CLAUSE 5. of this Bond, whether or not coverage for INSURING CLAUSE 5.
is provided for in the DECLARATIONS of
this Bond.
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For
the purpose of this INSURING CLAUSE, a mechanically reproduced facsimile
signature is treated the same as a handwritten signature.
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Extended Forgery
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5.
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Loss
resulting directly from the ASSURED having, in good faith, and in the
ordinary course of business, for its own account or the account of
others in any capacity:
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a.
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acquired,
accepted or received, sold or delivered, or given value, extended
credit or assumed liability, in reliance on any original Securities, documents
or other written instruments which prove to:
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(1)
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bear a Forgery or a fraudulently material alteration,
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(2)
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have been lost or stolen, or
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(3)
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be Counterfeit, or
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b.
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guaranteed
in writing or witnessed any signatures on any transfer, assignment,
bill of sale, power of attorney, guarantee, endorsement or other
obligation upon or in connection with any Securities, documents or other written instruments.
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Actual physical possession, and continued actual physical possession if taken as collateral, of such Securities, documents or other written instruments by
an Employee, Custodian, or a Federal or State
chartered deposit institution of the ASSURED is a condition precedent to
the ASSURED having relied on such items. Release or return of such
collateral is an acknowledgment by the ASSURED
that it no longer relies on such collateral.
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ICAP Bond (5-98)
|
|
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Form 17-02-1421 (Ed. 5-98)
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Page 2 of 19
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Extended Forgery
(continued)
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For
the purpose of this INSURING CLAUSE, a mechanically reproduced facsimile
signature is treated the same as a handwritten signature.
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Counterfeit Money
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6.
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Loss resulting directly from the receipt by the ASSURED in good faith of any Counterfeit money.
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Threats To Person
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7.
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Loss resulting directly from surrender of Property away from an office of the ASSURED as a result of a threat communicated to the ASSURED to do
bodily harm to an Employee as defined in SECTION 1.e. (1), (2) and (5), a Relative or invitee of such Employee, or a
resident of the household of such Employee, who is, or allegedly is, being held captive provided, however, that prior to the surrender of such Property:
|
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a.
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the Employee
who receives the threat has made a reasonable effort to notify an
officer of the ASSURED who is not involved in such threat, and
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b.
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the
ASSURED has made a reasonable effort to notify the Federal Bureau of
Investigation and local law enforcement authorities concerning such
threat.
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It is agreed that for purposes of this INSURING CLAUSE, any Employee
of the ASSURED, as set forth in the preceding paragraph, shall be
deemed to be
an ASSURED hereunder, but only with respect to the
surrender of money, securities and other tangible personal property in
which such Employee has a legal or equitable interest.
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Computer System
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8.
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Loss resulting directly from fraudulent:
|
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a.
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entries of data into, or
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b.
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changes of data elements or programs within,
|
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a Computer System, provided the fraudulent entry or change causes:
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(1)
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funds or other property to be transferred, paid or delivered,
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(2)
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an account of the ASSURED or of its customer to be added, deleted, debited or credited, or
|
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(3)
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an unauthorized account or a fictitious account to be debited or credited.
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ICAP Bond (5-98)
|
|
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Form 17-02-1421 (Ed. 5-98)
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Page 3 of 19
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Voice Initiated Funds Transfer Instruction
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9.
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Loss resulting directly from Voice Initiated Funds Transfer Instruction directed to the ASSURED authorizing the transfer of dividends or redemption
proceeds of Investment Company shares from a Customer's account, provided such Voice Initiated Funds Transfer Instruction was:
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a.
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received at the ASSURED'S offices by those Employees of the ASSURED specifically authorized to receive the Voice
Initiated Funds Transfer Instruction,
|
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b.
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made by a person purporting to be a Customer, and
|
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c.
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made by said person for the purpose of causing the ASSURED or Customer to sustain a loss or making an improper personal financial gain for such
person or any other person.
|
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In order for coverage to apply under this INSURING CLAUSE, all Voice Initiated Funds Transfer Instructions must be received and processed in
accordance with the Designated Procedures outlined in the APPLICATION furnished to the COMPANY.
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Uncollectible Items of Deposit
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10.
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Loss
resulting directly from the ASSURED having credited an account of a
customer, shareholder or subscriber on the faith of any Items of Deposit
which prove to be uncollectible, provided that the crediting of such account causes:
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a.
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redemptions or withdrawals to be permitted,
|
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b.
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shares to be issued, or
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c.
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dividends to be paid,
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from an account of an Investment Company.
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In order for coverage to apply under this INSURING CLAUSE, the ASSURED must hold Items of Deposit
for the minimum number of days stated in the
APPLICATION before permitting any redemptions or
withdrawals, issuing any shares or paying any dividends with respect to
such Items of Deposit.
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Items of Deposit shall not be deemed uncollectible until the ASSURED'S standard collection procedures have failed.
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Audit Expense
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11.
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Expense
incurred by the ASSURED for that part of the cost of audits or
examinations required by any governmental regulatory authority or
self-regulatory organization to be conducted by such
authority, organization or their appointee by reason of
the discovery of loss sustained by the ASSURED and covered by this Bond.
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ICAP Bond (5-98)
|
|
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Form 17-02-1421 (Ed. 5-98)
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Page 4 of 19
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Additional Companies Included As Assured
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A.
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If more than one corporation, or Investment Company, or any combination of them is included as the ASSURED
herein:
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(1)
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The
total liability of the COMPANY under this Bond for loss or losses
sustained by any one or more or all of them shall not exceed the limit
for which the COMPANY would be liable under this
Bond if all such loss were sustained by any one of them.
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(2)
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Only
the first named ASSURED shall be deemed to be the sole agent of the
others for all purposes under this Bond, including but not limited to
the giving or receiving of any notice or proof
required to be given and for the purpose of effecting or
accepting any amendments to or termination of this Bond. The COMPANY
shall furnish each Investment Company
with a copy of the Bond and with any amendment thereto,
together with a copy of each formal filing of claim by any other named
ASSURED and notification of the terms of the settlement of each such
claim prior to the execution of such
settlement.
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(3)
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The COMPANY shall not be responsible for the proper application of any payment made hereunder to the first named ASSURED.
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(4)
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Knowledge
possessed or discovery made by any partner, director, trustee, officer
or supervisory employee of any ASSURED shall constitute knowledge or
discovery by all the ASSUREDS for the
purposes of this Bond.
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(5)
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If the
first named ASSURED ceases for any reason to be covered under this
Bond, then the ASSURED next named on the APPLICATION shall thereafter be
considered as the first named ASSURED for
the purposes of this Bond.
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Representation Made By Assured
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B.
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The
ASSURED represents that all information it has furnished in the
APPLICATION for this Bond or otherwise is complete, true and correct.
Such APPLICATION and other information constitute
part of this Bond.
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The
ASSURED must promptly notify the COMPANY of any change in any fact or
circumstance which materially affects the risk assumed by the COMPANY
under this Bond.
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Any
intentional misrepresentation, omission, concealment or incorrect
statement of a material fact, in the APPLICATION or otherwise, shall be
grounds for rescission of this Bond.
|
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ICAP Bond (5-98)
|
|
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Form 17-02-1421 (Ed. 5-98)
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Page 5 of 19
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Additional Offices Or Employees - Consolidation, Merger Or Purchase Or Acquisition Of Assets Or Liabilities - Notice To Company
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C.
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If the ASSURED, other than an Investment Company,
while this Bond is in force, merges or consolidates with,
or purchases or acquires assets or liabilities of another
institution, the ASSURED shall not have the coverage afforded under this
Bond for loss which has:
|
|
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(1)
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occurred or will occur on premises, or
|
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(2)
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been caused or will be caused by an employee, or
|
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(3)
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arisen or will arise out of the assets or liabilities,
|
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of such institution, unless the ASSURED:
|
|||
|
a.
|
gives
the COMPANY written notice of the proposed consolidation, merger or
purchase or acquisition of assets or liabilities prior to the proposed
effective date of such action, and
|
||
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b.
|
obtains
the written consent of the COMPANY to extend some or all of the
coverage provided by this Bond to such additional exposure, and
|
||
|
c.
|
on obtaining such consent, pays to the COMPANY an additional premium.
|
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Change Of Control - Notice To Company
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D.
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When the ASSURED learns of a change in control (other than in an Investment Company),
as set forth in Section
2(a) (9) of the Investment Company Act of 1940, the
ASSURED shall within sixty (60) days give written notice to the COMPANY
setting forth:
|
|
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(1)
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the
names of the transferors and transferees (or the names of the beneficial
owners if the voting securities are registered in another name),
|
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(2)
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the
total number of voting securities owned by the transferors and the
transferees (or the beneficial owners), both immediately before and
after the transfer, and
|
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(3)
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the total number of outstanding voting securities.
|
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Failure
to give the required notice shall result in termination of coverage for
any loss involving a transferee, to be effective on the date of such
change in control.
|
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Court Costs And Attorneys' Fees
|
E.
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The
COMPANY will indemnify the ASSURED for court costs and reasonable
attorneys' fees incurred and paid by the ASSURED in defense, whether or
not successful, whether or not fully litigated
on the merits and whether or not settled, of any claim,
suit or legal proceeding with respect to which the ASSURED would be
entitled to recovery under this Bond. However, with respect to INSURING
CLAUSE 1., this Section shall only apply in
the event that:
|
|
|
(1)
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an Employee admits to being guilty of Larceny or Embezzlement,
|
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(2)
|
an Employee is adjudicated to be guilty of Larceny or Embezzlement, or
|
||
|
ICAP Bond (5-98)
|
|
|
Form 17-02-1421 (Ed. 5-98)
|
Page 6 of 19
|
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Court Costs And Attorneys' Fees (continued)
|
(3)
|
in the
absence of 1 or 2 above, an arbitration panel agrees, after a review of
an agreed statement of facts between the COMPANY and the ASSURED, that
an Employee
would be found guilty of Larceny or Embezzlement if such Employee were prosecuted.
|
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The
ASSURED shall promptly give notice to the COMPANY of any such suit or
legal proceeding and at the request of the COMPANY shall furnish copies
of all pleadings and pertinent papers to the
COMPANY. The COMPANY may, at its sole option, elect to
conduct the defense of all or part of such legal proceeding. The defense
by the COMPANY shall be in the name of the ASSURED through attorneys
selected by the COMPANY. The ASSURED shall
provide all reasonable information and assistance as
required by the COMPANY for such defense.
|
||
|
If the
COMPANY declines to defend the ASSURED, no settlement without the prior
written consent of the COMPANY nor judgment against the ASSURED shall
determine the existence, extent or amount
of coverage under this Bond.
|
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If the
amount demanded in any such suit or legal proceeding is within the
DEDUCTIBLE AMOUNT, if any, the COMPANY shall have no liability for court
costs and attorney's fees incurred in
defending all or part of such suit or legal proceeding.
|
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If the
amount demanded in any such suit or legal proceeding is in excess of
the LIMIT OF LIABILITY stated in ITEM 2. of the DECLARATIONS for the
applicable INSURING CLAUSE, the COMPANY'S
liability for court costs and attorney's fees incurred in
defending all or part of such suit or legal proceedings is limited to
the proportion of such court costs and attorney's fees incurred that the
LIMIT OF LIABILITY stated in ITEM 2. of
the DECLARATIONS for the applicable INSURING CLAUSE bears
to the total of the amount demanded in such suit or legal proceeding.
|
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If the
amount demanded is any such suit or legal proceeding is in excess of
the DEDUCTIBLE AMOUNT, if any, but within the LIMIT OF LIABILITY stated
in ITEM 2. of the DECLARATIONS for the
applicable INSURING CLAUSE, the COMPANY'S liability for
court costs and attorney's fees incurred in defending all or part of
such suit or legal proceedings shall be limited to the proportion of
such court costs or attorney's fees that the
amount demanded that would be payable under this Bond
after application of the DEDUCTIBLE AMOUNT, bears to the total amount
demanded.
|
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Amounts
paid by the COMPANY for court costs and attorneys' fees shall be in
addition to the LIMIT OF LIABILITY stated in ITEM 2. of the
DECLARATIONS.
|
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|
ICAP Bond (5-98)
|
|
|
Form 17-02-1421 (Ed. 5-98)
|
Page 7 of 19
|
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Definitions
|
1.
|
As used in this Bond:
|
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a.
|
Computer System
means a computer and all input, output, processing, storage, off-line
media libraries, and
communication facilities which are connected to the
computer and which are under the control and supervision of the
operating system(s) or application(s) software used by the ASSURED.
|
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|
b.
|
Counterfeit means an imitation of an actual valid original which is intended to deceive and be taken as the original.
|
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c.
|
Custodian means the institution designated by an Investment Company
to maintain possession and control of its assets.
|
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|
d.
|
Customer means an individual, corporate, partnership, trust customer, shareholder or subscriber of an Investment Company which has a written agreement with the ASSURED for Voice Initiated Funds Transfer Instruction.
|
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e.
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Employee means:
|
|||
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(1)
|
an officer of the ASSURED,
|
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(2)
|
a
natural person while in the regular service of the ASSURED at any of the
ASSURED'S premises and compensated directly by the ASSURED through its
payroll system and subject to the United
States Internal Revenue Service Form W-2 or equivalent
income reporting plans of other countries, and whom the ASSURED has the
right to control and direct both as to the result to be accomplished and
details and means by which such result is
accomplished in the performance of such service,
|
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|
(3)
|
a guest student pursuing studies or performing duties in any of the ASSURED'S premises,
|
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(4)
|
an attorney retained by the ASSURED and an employee of such attorney while either is performing legal services for the ASSURED,
|
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(5)
|
a
natural person provided by an employment contractor to perform employee
duties for the ASSURED under the ASSURED'S supervision at any of the
ASSURED'S premises,
|
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|
(6)
|
an employee of an institution merged or consolidated with the ASSURED prior to the effective date of this Bond,
|
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|
(7)
|
a
director or trustee of the ASSURED, but only while performing acts
within the scope of the customary and usual duties of any officer or
other employee of the ASSURED or while acting as a
member of any committee duly elected or appointed to
examine or audit or have custody of or access to Property of the ASSURED, or
|
|||
|
ICAP Bond (5-98)
|
|
|
Form 17-02-1421 (Ed. 5-98)
|
Page 8 of 19
|
|
Definitions
(continued)
|
(8)
|
each
natural person, partnership or corporation authorized by written
agreement with the ASSURED to perform services as electronic data
processor of checks or other accounting records
related to such checks but only while such person,
partnership or corporation is actually performing such services and not:
|
|
|
a.
|
creating, preparing, modifying or maintaining the ASSURED'S computer software or programs, or
|
||
|
b.
|
acting as transfer agent or in any other agency capacity in issuing checks, drafts or securities for the ASSURED,
|
||
|
(9)
|
any
partner, officer or employee of an investment advisor, an underwriter
(distributor), a transfer agent or shareholder accounting recordkeeper,
or an administrator, for an Investment Company while performing acts coming within the scope of the customary and usual duties of an officer or employee of an Investment
Company or acting as a member of any committee duly elected or appointed to examine, audit or have custody of or access to Property of an Investment Company.
|
||
|
The term Employee shall not include any partner, officer or employee of a transfer agent, shareholder accounting recordkeeper or administrator:
|
|||
|
a.
|
which is not an "affiliated person" (as defined in Section 2(a) of the Investment Company Act of 1940) of an Investment Company or of the investment advisor or underwriter (distributor) of such Investment Company, or
|
||
|
b.
|
which is a "bank" (as defined in Section 2(a) of the Investment Company Act of 1940).
|
||
|
This
Bond does not afford coverage in favor of the employers of persons as
set forth in e. (4), (5) and (8) above, and upon payment to the ASSURED
by the COMPANY resulting directly from Larceny or Embezzlement
committed by any of the partners, officers or employees of such
employers, whether acting alone or in collusion with others, an
assignment of such of the ASSURED'S rights and causes
of action as it may have against such employers by reason
of such acts so committed shall, to the extent of such payment, be given
by the ASSURED to the COMPANY, and the ASSURED shall execute all papers
necessary to secure to the COMPANY the
rights provided for herein.
|
|||
|
Each
employer of persons as set forth in e.(4), (5) and (8) above and the
partners, officers and other employees of such employers shall
collectively be deemed to be one person for all the
purposes of this Bond; excepting, however, the fifth
paragraph of Section 13.
|
|||
|
Independent
contractors not specified in e.(4), (5) or (8) above, intermediaries,
agents, brokers or other representatives of the same general character
shall not be considered Employees.
|
|||
|
ICAP Bond (5-98)
|
|
|
Form 17-02-1421 (Ed. 5-98)
|
Page 9 of 19
|
|
Definition
(continued)
|
f.
|
Forgery
means the signing of the name of another natural person with the intent
to deceive but does not mean a signature which consists in whole or in
part of one's own name, with or without authority, in any
capacity for any purpose.
|
|
g.
|
Investment Company means any investment company registered under the Investment Company Act of 1940 and listed
under the NAME OF ASSURED on the DECLARATIONS.
|
|
|
h.
|
Items of Deposit means one or more checks or drafts drawn upon a financial institution in the United States of America.
|
|
|
i.
|
Larceny or Embezzlement means larceny or embezzlement as defined in Section 37 of the Investment Company Act of 1940.
|
|
|
j.
|
Property
means money, revenue and other stamps; securities; including any note,
stock, treasury stock, bond, debenture, evidence of indebtedness,
certificate of deposit, certificate of interest or
participation in any profit-sharing agreement, collateral trust
certificate, preorganization certificate or subscription, transferable
share, investment contract, voting trust certificate,
certificate of deposit for a security, fractional
undivided interest in oil, gas, or other mineral rights, any interest or
instruments commonly known as a security under the Investment Company
Act of 1940, any other certificate of interest or
participation in, temporary or interim certificate for,
receipt for, guarantee of, or warrant or right to subscribe to or
purchase any of the foregoing; bills of exchange; acceptances; checks;
withdrawal orders; money orders; travelers'
letters of credit; bills of lading; abstracts of title;
insurance policies, deeds, mortgages on real estate and/or upon chattels
and interests therein; assignments of such policies, deeds or
mortgages; other valuable papers, including books
of accounts and other records used by the ASSURED in the
conduct of its business (but excluding all electronic data processing
records); and, all other instruments similar to or in the nature of the
foregoing in which the ASSURED acquired an
interest at the time of the ASSURED'S consolidation or
merger with, or purchase of the principal assets of, a predecessor or
which are held by the ASSURED for any purpose or in any capacity and
whether so held gratuitously or not and whether
or not the ASSURED is liable therefor.
|
|
|
k.
|
Relative means the spouse of an Employee or partner of the ASSURED and any unmarried child supported wholly
by, or living in the home of, such Employee or partner and being related to them by blood, marriage or legal guardianship.
|
|
|
l.
|
Securities, documents or other written instruments means
original (including original counterparts) negotiable or non-negotiable
instruments, or
assignments thereof, which in and of themselves represent
an equitable interest, ownership, or debt and which are in the ordinary
course of business transferable by delivery of such instruments with any
necessary endorsements or assignments.
|
|
ICAP Bond (5-98)
|
|
|
Form 17-02-1421 (Ed. 5-98)
|
Page 10 of 19
|
|
Definitions
(continued)
|
m.
|
Subsidiary
means any organization that, at the inception date of this Bond, is
named in the APPLICATION or is created during the BOND PERIOD and of
which more than fifty percent (50%) of the outstanding
securities or voting rights representing the present right to vote for
election of directors is owned or controlled by the ASSURED either
directly or through one or more of its
subsidiaries.
|
|
n.
|
Transportation Company means any organization which provides its own or its leased vehicles for transportation
or which provides freight forwarding or air express services.
|
|
|
o.
|
Voice Initiated Election means any election concerning dividend options available to Investment Company
shareholders or subscribers which is requested by voice over the telephone.
|
|
|
p.
|
Voice Initiated Redemption means any redemption of shares issued by an Investment Company which is requested
by voice over the telephone.
|
|
|
q.
|
Voice Initiated Funds Transfer Instruction means any Voice Initiated Redemption or Voice Initiated Election.
|
|
|
For
the purposes of these definitions, the singular includes the plural and
the plural includes the singular, unless otherwise indicated.
|
||
|
General Exclusions -
|
2.
|
This bond does not directly or indirectly cover:
|
|
Applicable to All Insuring
|
||
|
Clauses
|
a.
|
loss not reported to the COMPANY in writing within sixty (60) days after termination of this Bond as an entirety;
|
|
b.
|
loss
due to riot or civil commotion outside the United States of America and
Canada, or any loss due to military, naval or usurped power, war or
insurrection. This Section 2.b., however,
shall not apply to loss which occurs in transit in the
circumstances recited in INSURING CLAUSE 3., provided that when such
transit was initiated there was no knowledge on the part of any person
acting for the ASSURED of such riot, civil
commotion, military, naval or usurped power, war or
insurrection;
|
|
|
c.
|
loss resulting from the effects of nuclear fission or fusion or radioactivity;
|
|
|
d.
|
loss
of potential income including, but not limited to, interest and
dividends not realized by the ASSURED or by any customer of the ASSURED;
|
|
|
e.
|
damages
of any type for which the ASSURED is legally liable, except
compensatory damages, but not multiples thereof, arising from a loss
covered under this Bond;
|
|
|
f.
|
costs,
fees and expenses incurred by the ASSURED in establishing the existence
of or amount of loss under this Bond, except to the extent covered
under INSURING CLAUSE 11.;
|
|
|
g.
|
loss resulting from indirect or consequential loss of any nature;
|
|
|
ICAP Bond (5-98)
|
|
|
Form 17-02-1421 (Ed. 5-98)
|
Page 11 of 19
|
|
General Exclusions - Applicable to All Insuring Clauses (continued)
|
h.
|
loss resulting from dishonest acts by any member of the Board of Directors or Board of Trustees of the ASSURED who is not an Employee, acting alone
or in collusion with others;
|
|||
|
i.
|
loss, or that part of any loss, resulting solely from any violation by the ASSURED or by any Employee:
|
||||
|
(1)
|
of any law regulating:
|
||||
|
a.
|
the issuance, purchase or sale of securities,
|
||||
|
b.
|
securities transactions on security or commodity exchanges or the over the counter market,
|
||||
|
c.
|
investment companies,
|
||||
|
d.
|
investment advisors, or
|
||||
|
(2)
|
of any rule or regulation made pursuant to any such law; or
|
||||
|
j.
|
loss of confidential information, material or data;
|
||||
|
k.
|
loss
resulting from voice requests or instructions received over the
telephone, provided however, this Section 2.k. shall not apply to
INSURING CLAUSE 7. or 9.
|
||||
|
Specific Exclusions -
|
3.
|
This Bond does not directly or indirectly cover:
|
|||
|
Applicable To All Insuring
|
|||||
|
Clauses Except Insuring Clause 1.
|
a.
|
loss caused by an Employee, provided, however, this Section 3.a. shall not apply to loss covered under INSURING CLAUSE 2. or 3. which results
directly from misplacement, mysterious unexplainable disappearance, or damage or destruction of Property;
|
|||
|
b.
|
loss through the surrender of property away from premises of the ASSURED as a result of a threat:
|
||||
|
(1)
|
to do bodily harm to any natural person, except loss of Property
in transit in the custody of any person acting as messenger of the
ASSURED, provided
that when such transit was initiated there was no
knowledge by the ASSURED of any such threat, and provided further that
this Section 3.b. shall not apply to INSURING CLAUSE 7., or
|
||||
|
(2)
|
to do damage to the premises or Property of the ASSURED;
|
||||
|
c.
|
loss resulting from payments made or withdrawals from any account involving erroneous credits to such account;
|
||||
|
d.
|
loss involving Items of Deposit which are not finally paid for any reason provided however, that this Section 3.d. shall not apply to INSURING
CLAUSE 10.;
|
||||
|
e.
|
loss of property while in the mail;
|
||||
|
ICAP Bond (5-98)
|
|
|
Form 17-02-1421 (Ed. 5-98)
|
Page 12 of 19
|
|
Specific Exclusions - Applicable To All Insuring Clauses Except Insuring Clause 1. (continued)
|
f.
|
loss
resulting from the failure for any reason of a financial or depository
institution, its receiver or other liquidator to pay or deliver funds or
other Property
to the ASSURED provided further that this Section 3.f. shall not apply to loss of Property resulting directly from robbery, burglary, misplacement, mysterious unexplainable disappearance, damage,
destruction or removal from the possession, custody or control of the ASSURED.
|
|
|
g.
|
loss of Property while in the custody of a Transportation Company,
provided however, that this Section 3.g. shall not apply to INSURING CLAUSE 3.;
|
||
|
h.
|
loss resulting from entries or changes made by a natural person with authorized access to a Computer System
who acts in good faith on instructions, unless such
instructions are given to that person by a software contractor or its
partner, officer, or employee authorized by the ASSURED to design,
develop, prepare, supply, service, write or implement
programs for the ASSURED's Computer System; or
|
||
|
i.
|
loss resulting directly or indirectly from the input of data into a Computer System
terminal, either on the
premises of the customer of the ASSURED or under the
control of such a customer, by a customer or other person who had
authorized access to the customer's authentication mechanism.
|
||
|
Specific Exclusions -
|
4.
|
This bond does not directly or indirectly cover:
|
|
|
Applicable To All Insuring
|
|||
|
Clauses Except Insuring Clauses 1., 4., And 5.
|
a.
|
loss
resulting from the complete or partial non-payment of or default on any
loan whether such loan was procured in good faith or through trick,
artifice, fraud or false pretenses; provided,
however, this Section 4.a. shall not apply to INSURING
CLAUSE 8.;
|
|
|
b.
|
loss resulting from forgery or any alteration;
|
||
|
c.
|
loss involving a counterfeit provided, however, this Section 4.c. shall not apply to INSURING CLAUSE 5. or 6.
|
||
|
Limit Of Liability/Non-Reduction And Non-Accumulation Of Liability
|
5.
|
At all
times prior to termination of this Bond, this Bond shall continue in
force for the limit stated in the applicable sections of ITEM 2. of the
DECLARATIONS, notwithstanding any previous
loss for which the COMPANY may have paid or be liable to
pay under this Bond provided, however, that the liability of the COMPANY
under this Bond with respect to all loss resulting from:
|
|
|
a.
|
any one act of burglary, robbery or hold-up, or attempt thereat, in which no Employee is concerned or implicated, or
|
||
|
b.
|
any one unintentional or negligent act on the part of any one person resulting in damage to or destruction or misplacement of Property, or
|
||
|
c.
|
all acts, other than those specified in a. above, of any one person, or
|
||
|
ICAP Bond (5-98)
|
|
|
Form 17-02-1421 (Ed. 5-98)
|
Page 13 of 19
|
|
Limit Of Liability/Non-
|
d.
|
any
one casualty or event other than those specified in a., b., or c. above,
shall be deemed to be one loss and shall be limited to the applicable
LIMIT OF LIABILITY stated in ITEM 2. of the
DECLARATIONS of this Bond irrespective of the total amount
of such loss or losses and shall not be cumulative in amounts from year
to year or from period to period.
|
|
|
Reduction And Non-
Accumulation Of Liability (continued)
|
|||
|
All acts, as specified in c. above, of any one person which
|
|||
|
i.
|
directly or indirectly aid in any way wrongful acts of any other person or persons, or
|
||
|
ii.
|
permit the continuation of wrongful acts of any other person or persons
|
||
|
whether
such acts are committed with or without the knowledge of the wrongful
acts of the person so aided, and whether such acts are committed with or
without the intent to aid such other
person, shall be deemed to be one loss with the wrongful
acts of all persons so aided.
|
|||
|
Discovery
|
6.
|
This
Bond applies only to loss first discovered by an officer of the ASSURED
during the BOND PERIOD. Discovery occurs at the earlier of an officer of
the ASSURED being aware of:
|
|
|
a.
|
facts which may subsequently result in a loss of a type covered by this Bond, or
|
||
|
b.
|
an actual or potential claim in which it is alleged that the ASSURED is liable to a third party,
|
||
|
regardless
of when the act or acts causing or contributing to such loss occurred,
even though the amount of loss does not exceed the applicable DEDUCTIBLE
AMOUNT, or the exact amount or
details of loss may not then be known.
|
|||
|
Notice To Company -
Proof - Legal Proceedings
Against Company
|
7.
|
a.
|
The
ASSURED shall give the COMPANY notice thereof at the earliestpracticable
moment, not to exceed sixty (60) days after discovery of loss, in an
amount that is in excess of 50% of the
applicable DEDUCTIBLE AMOUNT, as stated in ITEM 2. of the
DECLARATIONS.
|
|
b.
|
The
ASSURED shall furnish to the COMPANY proof of loss, duly sworn to, with
full particulars within six (6) months after such discovery.
|
||
|
c.
|
Securities listed in a proof of loss shall be identified by certificate or bond numbers, if issued with them.
|
||
|
d.
|
Legal
proceedings for the recovery of any loss under this Bond shall not be
brought prior to the expiration of sixty (60) days after the proof of
loss is filed with the COMPANY or after the
expiration of twenty-four (24) months from the discovery
of such loss.
|
||
|
e.
|
This
Bond affords coverage only in favor of the ASSURED. No claim, suit,
action or legal proceedings shall be brought under this Bond by anyone
other than the ASSURED.
|
||
|
ICAP Bond (5-98)
|
|
|
Form 17-02-1421 (Ed. 5-98)
|
Page 14 of 19
|
|
Notice To Company - Proof - Legal Proceedings Against Company
|
f.
|
Proof of loss involving Voice Initiated Funds Transfer Instruction shall include electronic recordings of such instructions.
|
|
|
(continued)
|
|||
|
Deductible Amount
|
8.
|
The
COMPANY shall not be liable under any INSURING CLAUSES of this Bond on
account of loss unless the amount of such loss, after deducting the net
amount of all reimbursement and/or recovery
obtained or made by the ASSURED, other than from any Bond
or policy of insurance issued by an insurance company and covering such
loss, or by the COMPANY on account thereof prior to payment by the
COMPANY of such loss, shall exceed the
DEDUCTIBLE AMOUNT set forth in ITEM 3. of the
DECLARATIONS, and then for such excess only, but in no event for more
than the applicable LIMITS OF LIABILITY stated in ITEM 2. of the
DECLARATIONS.
|
|
|
There shall be no deductible applicable to any loss under INSURING CLAUSE 1. sustained by any Investment Company.
|
|||
|
Valuation
|
9.
|
BOOKS OF ACCOUNT OR OTHER RECORDS
|
|
|
The value of any loss of Property
consisting of books of account or other records used by the ASSURED in
the conduct of its business shall be the
amount paid by the ASSURED for blank books, blank pages,
or other materials which replace the lost books of account or other
records, plus the cost of labor paid by the ASSURED for the actual
transcription or copying of data to reproduce such
books of account or other records.
|
|||
|
The value of any loss of Property other than books of account or other records used by the ASSURED in the conduct of its business, for which a claim
is made shall be determined by the average market value of such Property on the business day immediately preceding discovery of such loss provided, however, that the value of any Property replaced by the ASSURED with the consent of the COMPANY and prior to the settlement of any claim for such Property shall be the actual market value at the
time of replacement.
|
|||
|
In the
case of a loss of interim certificates, warrants, rights or other
securities, the production of which is necessary to the exercise of
subscription, conversion, redemption or deposit
privileges, the value of them shall be the market value of
such privileges immediately preceding their expiration if said loss is
not discovered until after their expiration. If no market price is
quoted for such Property or for such privileges, the value shall be fixed by agreement between the parties.
|
|||
|
OTHER PROPERTY
|
|||
|
The value of any loss of Property, other than as stated above, shall be the actual cash value or the cost of repairing or replacing such Property with Property of like quality and value, whichever is less.
|
|||
|
ICAP Bond (5-98)
|
|
|
Form 17-02-1421 (Ed. 5-98)
|
Page 15 of 19
|
|
Securities Settlement
|
10
|
In the
event of a loss of securities covered under this Bond, the COMPANY may,
at its sole discretion, purchase replacement securities, tender the
value of the securities in money, or issue
its indemnity to effect replacement securities.
|
|
|
The
indemnity required from the ASSURED under the terms of this Section
against all loss, cost or expense arising from the replacement of
securities by the COMPANY'S indemnity shall be:
|
|||
|
a.
|
for securities having a value less than or equal to the applicable DEDUCTIBLE AMOUNT - one hundred (100%) percent;
|
||
|
b.
|
for
securities having a value in excess of the DEDUCTIBLE AMOUNT but within
the applicable LIMIT OF LIABILITY - the percentage that the DEDUCTIBLE
AMOUNT bears to the value of the
securities;
|
||
|
c.
|
for
securities having a value greater than the applicable LIMIT OF LIABILITY
- the percentage that the DEDUCTIBLE AMOUNT and portion in excess of
the applicable LIMIT OF LIABILITY bears to
the value of the securities.
|
||
|
The
value referred to in Section 10.a., b., and c. is the value in
accordance with Section 9, Valuation, regardless of the value of such
securities at the time the loss under the COMPANY'S
indemnity is sustained.
|
|||
|
The
COMPANY is not required to issue its indemnity for any portion of a loss
of securities which is not covered by this Bond; however, the COMPANY
may do so as a courtesy to the ASSURED and
at its sole discretion.
|
|||
|
The
ASSURED shall pay the proportion of the Company's premium charge for the
Company's indemnity as set forth in Section 10.a., b., and c. No
portion of the LIMIT OF LIABILITY shall be used
as payment of premium for any indemnity purchased by the
ASSURED to obtain replacement securities.
|
|||
|
Subrogation - Assignment – Recovery
|
11.
|
In the
event of a payment under this Bond, the COMPANY shall be subrogated
toall of the ASSURED'S rights of recovery against any person or entity
to the extent of such payment. On request,
the ASSURED shall deliver to the COMPANY an assignment of
the ASSURED'S rights, title and interest and causes of action against
any person or entity to the extent of such payment.
|
|
|
Recoveries,
whether effected by the COMPANY or by the ASSURED, shall be applied net
of the expense of such recovery in the following order:
|
|||
|
a.
|
first,
to the satisfaction of the ASSURED'S loss which would otherwise have
been paid but for the fact that it is in excess of the applicable LIMIT
OF LIABILITY,
|
||
|
b.
|
second, to the COMPANY in satisfaction of amounts paid in settlement of the ASSURED'S claim,
|
||
|
c.
|
third, to the ASSURED in satisfaction of the applicable DEDUCTIBLE AMOUNT, and
|
||
|
ICAP Bond (5-98)
|
|
|
Form 17-02-1421 (Ed. 5-98)
|
Page 16 of 19
|
|
Subrogation - Assignment – Recover (continued)
|
d.
|
fourth, to the ASSURED in satisfaction of any loss suffered by the ASSURED which was not covered under this Bond.
|
|
|
Recovery from reinsurance or indemnity of the COMPANY shall not be deemed a recovery under this section.
|
|||
|
Cooperation Of Assured
|
12.
|
At the COMPANY'S request and at reasonable times and places designated by the COMPANY, the ASSURED shall:
|
|
|
a.
|
submit to examination by the COMPANY and subscribe to the same under oath,
|
||
|
b.
|
produce for the COMPANY'S examination all pertinent records, and
|
||
|
c.
|
cooperate with the COMPANY in all matters pertaining to the loss.
|
||
|
The
ASSURED shall execute all papers and render assistance to secure to the
COMPANY the rights and causes of action provided for under this Bond.
The ASSURED shall do nothing after loss to
prejudice such rights or causes of action.
|
|||
|
Termination
|
13.
|
If the
Bond is for a sole ASSURED, it shall not be terminated unless written
notice shall have been given by the acting party to the affected party
and to the Securities and Exchange
Commission, Washington, D.C., not less than sixty (60)
days prior to the effective date of such termination.
|
|
|
If the
Bond is for a joint ASSURED, it shall not be terminated unless written
notice shall have been given by the acting party to the affected party,
and by the COMPANY to all ASSURED Investment Companies
and to the Securities and Exchange Commission, Washington, D.C., not
less than sixty (60) days prior to the effective date of such
termination.
|
|||
|
This Bond will terminate as to any one ASSURED, other than an Investment Company:
|
|||
|
a.
|
immediately on the taking over of such ASSURED by a receiver or other liquidator or by State or Federal officials, or
|
||
|
b.
|
immediately
on the filing of a petition under any State or Federal statute relative
to bankruptcy or reorganization of the ASSURED, or assignment for the
benefit of creditors of the ASSURED,
or
|
||
|
c.
|
immediately
upon such ASSURED ceasing to exist, whether through merger into another
entity, disposition of all of its assets or otherwise.
|
||
|
The
COMPANY shall refund the unearned premium computed at short rates in
accordance with the standard short rate cancellation tables if
terminated by the ASSURED or pro rata if terminated
for any other reason.
|
|||
|
ICAP Bond (5-98)
|
|
|
Form 17-02-1421 (Ed. 5-98)
|
Page 17 of 19
|
|
Termination
(continued)
|
If any partner, director, trustee, or officer or supervisory employee of an ASSURED not acting in collusion with an Employee learns of any dishonest
act committed by such Employee
at any time, whether in the employment of the ASSURED or otherwise,
whether or not such act is of the type covered under this Bond, and
whether against the ASSURED or any
other person or entity, the ASSURED:
|
||
|
a.
|
shall immediately remove such Employee from a position that would enable such Employee to cause the ASSURED
to suffer a loss covered by this Bond; and
|
||
|
b.
|
within forty-eight (48) hours of learning that an Employee has committed any dishonest act, shall notify the COMPANY, of such action and provide full
particulars of such dishonest act.
|
||
|
The COMPANY may terminate coverage as respects any Employee sixty (60) days after written notice is received by each ASSURED Investment Company and the Securities and Exchange Commission, Washington, D.C. of its desire to terminate this Bond as to such Employee.
|
|||
|
Other Insurance
|
14.
|
Coverage
under this Bond shall apply only as excess over any valid and
collectible insurance, indemnity or suretyship obtained by or on behalf
of:
|
|
|
a.
|
the ASSURED,
|
||
|
b.
|
a Transportation Company, or
|
||
|
c.
|
another
entity on whose premises the loss occurred or which employed the person
causing the loss or engaged the messenger conveying the Property
involved.
|
||
|
Conformity
|
15.
|
If any
limitation within this Bond is prohibited by any law controlling this
Bond's construction, such limitation shall be deemed to be amended so as
to equal the minimum period of
limitation provided by such law.
|
|
|
Change or Modification
|
16.
|
This
Bond or any instrument amending or affecting this Bond may not be
changed or modified orally. No change in or modification of this Bond
shall be effective except when made by written
endorsement to this Bond signed by an authorized
representative of the COMPANY.
|
|
|
If
this Bond is for a sole ASSURED, no change or modification which would
adversely affect the rights of the ASSURED shall be effective prior to
sixty (60) days after written notice has been
furnished to the Securities and Exchange Commission,
Washington, D.C., by the acting party.
|
|||
|
ICAP Bond (5-98)
|
|
|
Form 17-02-1421 (Ed. 5-98)
|
Page 18 of 19
|
|
Change or Modification (continued)
|
If
this Bond is for a joint ASSURED, no charge or modification which would
adversely affect the rights of the ASSURED shall be effective prior to
sixty (60) days after written notice has
been furnished to all insured Investment Companies and to the Securities and Exchange Commission, Washington, D.C., by the COMPANY.
|
|
ICAP Bond (5-98)
|
|
|
Form 17-02-1421 (Ed. 5-98)
|
Page 19 of 19
|
|
ALL-20887a (09/19)
|
Page 1 of 1
|
| this endorsement/rider: December 1, 2022 |
FEDERAL INSURANCE COMPANY
|
| (1) |
Subject to the terms and
conditions of this insurance, failure to provide notice of a Claim
pursuant to the reporting and/or notice provisions of this policy shall
not invalidate any coverage that would have
otherwise been available unless the failure to provide
such timely notice has prejudiced the Company; except as provided in
paragraph (2) below.
|
| (2) |
Failure to provide notice of a Claim
pursuant to the reporting and/or notice provisions of this policy shall
not invalidate any coverage if it is shown that it was not
reasonably possible to give such notice within the
prescribed time, and that such notice was given as soon as reasonably
possible thereafter.
|
| (3) |
The burden of proving prejudice for failure to provide timely notice shall be on:
|
| (a) |
the Company if the notice was provided within two (2) years of the time required under this policy; or
|
| (b) |
the Insured, injured person, or claimant if the notice was provided more than two (2) years after the time required under this policy.
|
| (4) |
Notwithstanding the above paragraph, an irrebuttable presumption of prejudice shall apply if, prior to notice:
|
| (a) |
the Insured's liability has been determined by a court of competent jurisdiction or by binding arbitration; or
|
| (b) |
the Insured has entered into any settlement or other compromise.
|
| (5) |
Except as expressly set forth in this endorsement, nothing herein shall be construed:
|
| (a) |
to amend provisions in the policy stating that claims shall be made during the Policy Period, any renewal thereof, or any extended reporting period; or
|
| (b) |
to duplicate coverage under multiple policy periods.
|
|
|
|
Authorized Representative
|
|
14-02-14839 (2/2009)
|
Page 1
|
| this endorsement/rider: December 1, 2022 |
FEDERAL INSURANCE COMPANY
|
![]() |
|
|
Authorized Representative
|
|
14-02-9228 (2/2010)
|
Page 1
|
| this endorsement/rider: December 1, 2022 |
FEDERAL INSURANCE COMPANY
|
| 1. |
Any reference in the policy
to the Superintendent of Insurance is hereby deleted and replaced with
the Superintendent of Financial Services.
|
| 2. |
Any reference in the policy
to the Insurance Department is hereby deleted and replaced with the
Department of Financial Services.
|
|
|
|
Authorized Representative
|
|
14-02-19952 (05/2013)
|
Page 1
|
|
INSURING CLAUSE
|
SINGLE LOSS
LIMIT OF LIABILITY
|
DEDUCTIBLE
AMOUNT
|
|
|
1.
|
Employee
|
$ 2,500,000
|
$ 0
|
|
2.
|
On Premises
|
$ 2,500,000
|
$ 100,000
|
|
3.
|
In Transit
|
$ 2,500,000
|
$ 100,000
|
|
4.
|
Forgery or Alteration
|
$ 2,500,000
|
$ 100,000
|
|
5.
|
Extended Forgery
|
$ 2,500,000
|
$ 100,000
|
|
6.
|
Counterfeit Money
|
$ 2,500,000
|
$ 100,000
|
|
7.
|
Threats to Person
|
$ Not Covered
|
$ N/A
|
|
8.
|
Computer System
|
$ 2,500,000
|
$ 100,000
|
|
9.
|
Voice Initiated Funds Transfer Instruction
|
$ 2,500,000
|
$ 100,000
|
|
10.
|
Uncollectible Items of Deposit
|
$ 100,000
|
$ 5,000
|
|
11.
|
Audit Expense
|
$ 100,000
|
$ 5,000
|
|
12.
|
Telefacsimile
|
$ 2,500,000
|
$ 100,000
|
|
13.
|
Unauthorized Signature
|
$ 100,000
|
$ 5,000
|
|
Date: December 12, 2022
|
By
|
|
|
Authorized Representative
|
|
ICAP Bond
|
|
|
Form 17-02-1582 (Ed. 5-98)
|
Page 1
|
| this endorsement/rider: December 1, 2022 |
FEDERAL INSURANCE COMPANY
|
| 1. |
The paragraph titled Other Property in Section 9, Valuation, is deleted in its entirety.
|
| 2. |
The third paragraph in Section 16, Change or Modification, is deleted in its entirety and replaced with the following:
|
|
|
|
Authorized Representative
|
|
17-02-2437 (12/2006) rev.
|
Page 1
|
| this endorsement/rider: December 1, 2022 |
FEDERAL INSURANCE COMPANY
|
| (i) |
the creation of a new Investment Company, other than by consolidation or merger with, or purchase or acquisition of assets or liabilities of, another institution; or
|
| (ii) |
an increase in asset size of current Investment Companies covered under this Bond,
|
|
|
|
Authorized Representative
|
|
14-02-14098 (04/2008)
|
Page 1
|
| 1. |
By adding the following INSURING CLAUSE:
|
| 12. |
Telefacsimile Instruction
|
| a. |
bear a valid test key exchanged between the ASSURED and a Customer or another financial institution with authority to use such test key for Telefacsimile
instructions in the ordinary course of business, but which test key has
been wrongfully obtained by a person who was not authorized to
initiate, make, validate or authenticate a test key arrangement, and
|
| b. |
fraudulently purport to have been sent by such Customer or financial institution when such Telefacsimile instructions were
transmitted without the knowledge or consent of such Customer or financial institution by a person other than such Customer or financial institution and which
bear a Forgery of a signature, provided that the Telefacsimile instruction was verified by a direct call back to an employee of the financial institution, or a
person thought by the ASSURED to be the Customer, or an employee of another financial institution.
|
| 2. |
By deleting from Section 1., Definitions, the definition of Customer in its entirety, and substituting the following:
|
| d. |
Customer
means an individual, corporate, partnership, trust customer,
shareholder or subscriber of an Investment Company which has a written
agreement with the ASSURED for
Voice Initiated Funds Transfer Instruction or Telefacsimile Instruction.
|
|
ICAP Bond
|
|
|
Form 17-02-2367 (Rev. 10-03)
|
Page 1
|
| 3. |
By adding to Section 1., Definitions, the following:
|
| r. |
Telefacsimile
means a system of transmitting written documents by electronic signals
over telephone lines to equipment maintained by the ASSURED for the
purpose of
reproducing a copy of said document. Telefacsimile
does not mean electronic communication sent by Telex or similar means
of communication, or through an electronic communication system or
through an
automated clearing house.
|
| 4. |
By adding to Section 3., Specific Exclusions Applicable to All Insuring Clauses Except Insuring Clause 1. the following:
|
| j. |
loss resulting directly or indirectly from Telefacsimile instructions provided, however, this exclusion shall not apply to this INSURING CLAUSE.
|
|
Date: December 12, 2022
|
By
|
|
|
Authorized Representative
|
|
ICAP Bond
|
|
|
Form 17-02-2367 (Rev. 10-03)
|
Page 2
|
|
Date: December 12, 2022
|
By
|
|
|
Authorized Representative
|
|
ICAP Bond
|
|
|
Form 17-02-6272 (Ed. 8-04)
|
Page 1
|
| 1. |
By adding to the definition of Employee in Section 1., Definitions, the following:
|
| (10) |
each officer, partner or employee of
|
| a. |
a Depository or Exchange;
|
| b. |
any nominee in whose name
is registered any security included in the systems for the central
handling of securities established and maintained by any Depository, and
|
| c. |
any recognized service company which provides clerks or other personnel to any Depository or Exchange on a contract basis,
|
| s. |
Depository
means any securities depository (other than any foreign securities
depository) in which an Investment Company may deposit its securities in
accordance with Rule
17f-4 under the Investment Company Act of 1940.
|
| t. |
Exchange means any national securities exchange registered under the Securities Exchange Act of 1934.
|
|
Date: December 12, 2022
|
By
|
|
|
Authorized Representative
|
| 1. |
By adding the following INSURING CLAUSE:
|
| 13. |
Unauthorized Signature
|
| u. |
Instruction means a written order to the issuer of an Uncertificated Security requesting that the transfer, pledge or release from
pledge of the specified Uncertificated Security be registered.
|
| v. |
Uncertificated Security means
a share, participation or other interest in property of or an
enterprise of the issuer or an obligation of the issuer, which is:
|
| (1) |
not represented by an
instrument and the transfer of which is registered on books maintained
for that purpose by or on behalf of the issuer, and
|
| (2) |
of a type commonly dealt in on securities exchanges or markets, and
|
| (3) |
either one of a class or
series or by its terms divisible into a class or series of shares,
participations, interests or obligations.
|
|
ICAP Bond
|
|
|
Form 17-02-5602 (Ed. 10-03)
|
Page 1
|
| w. |
Withdrawal Order means a non-negotiable instrument, other than an Instruction, signed by a customer of the ASSURED authorizing the
ASSURED to debit the customer's account in the amount of funds stated therein.
|
|
Date: December 12, 2022
|
By
|
|
|
Authorized Representative
|
|
ICAP Bond
|
|
|
Form 17-02-5602 (Ed. 10-03)
|
Page 2
|
|
/s/ Alexi A. Wellman
|
|
|
Chief Executive, Financial and Accounting Officer
|